Q: Company has not payed me since 8/12/22 and today Friday 8/26/22 was my last they told me pick up all checks on 8/31/22

A: Assuming you are a California employee not working for a government employer, there are several violations of the California Labor Code revealed in your post. Employers are supposed to pay employees on regularly designated paydays, and legally you should not have to wait this long to get your pay.

Additionally, your employer was required to pay you all wages owed to you on your last day if you were terminated. If you quit, you have the right to be paid within 72 hours of the day you gave notice you were quitting, or on your last day, whichever was later.

A willful failure to pay your final paycheck in a timely manner gives you the right to collect Waiting Time Penalties that equal 1 day of pay for each day you are made to wait for your final check, up to a total of 30 additional days of pay.

You can deal with this in several ways, including filing an administrative complaint with the California Division of Labor Standards Enforcement, or by filing a lawsuit. It would be a good idea to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

A: There are two types of penalties available. First, while you continue to work for the employer, there is a 25% penalty for failure to timely pay wages plus $100.00 for each late pay check under Labor Code 210.

Second, after you separate from your employer, you are entitled to waiting time penalties equal to 1 day's pay for each day late up to a max of 30 days, unless the employer can prove the late payment is due to an intentional clerical error. Asking your employer for your wages in writing will likely prevent that defense.

Next, your fastest remedy is likely hiring an attorney to assist you. If multiple employees are receiving the same late payments, the employer may be sued under PAGA or as a Class Action. Alternatively, you can file a claim with the Labor Commissioner, but it will likely take much longer and the collection rate is extremely low.